South Carolina General Assembly
114th Session, 2001-2002

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Bill 134

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Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 28, 2001

    S. 134

Introduced by Senator Holland

S. Printed 2/28/01--S.

Read the first time January 11, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 134) to amend Section 16-3-1750, Code of Laws of South Carolina, 1976, relating to an action seeking a restraining order against a person engaged in harassment or stalking, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

DONALD H. HOLLAND, for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    Enactment of this bill will not have a fiscal impact on the General Fund of the State nor on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

    Currently a magistrate's court has the authority to wave the fee for a restraining order in this circumstance, and it does so on a regular basis. Therefore, it is assumed the fiscal impact to the counties will be minimal.

SPECIAL NOTES:

    The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 16-3-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO PROVIDE THAT A COURT MAY NOT CHARGE A FILING FEE FOR A COMPLAINT OR MOTION FOR A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-3-1750 of the 1976 Code is amended to read:

    "Section 16-3-1750.    (A)    Under this article, the magistrate's magistrates court shall have has jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.

    (B)    An action for a restraining order must be filed in the county in which:

        (1)    the defendant resides when the action commences;

        (2)    the harassment or stalking occurred; or

        (3)    the plaintiff resides if the defendant is a nonresident of the State or cannot be found.

    (C)    A complaint and motion for a restraining order may be filed by any person. The complaint must:

        (1)    allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;

        (2)    be verified; and

        (3)    inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.

    (D)    The magistrate's magistrates court shall must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court also shall provide forms to facilitate the preparation and filing of motions and affidavits to proceed in forma pauperis. The court shall not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking.

    (E)    Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article shall be is enforceable throughout this State."

SECTION    2.    This act takes effect upon approval by the Governor.

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